Today in Supreme Court History: November 18, 1811

11/18/1811: Justice Gabriel Duvall takes judicial oath. Professor David P. Currie said that an "impartial examination of Duvall's performance reveals to even the uninitiated observer that he achieved an enviable standard of insignificance against which all other justices must be measured."

Justice Gabriel Duvall

 

Comments

[Dan Schiavetta]

“impartial examination of Duvall’s performance reveals to even the uninitiated observer that he achieved an enviable standard of insignificance against which all other justices must be measured.”

See Queen v. Hepburn

[Syd Henderson]

He looks tired. It must have been a lot of work.

[Bored Lawyer]

"See Queen v. Hepburn"
https://supreme.justia.com/cases/federal/us/11/290/

Duvall's dissent is progressive by even modern standards.

[Frank Drackman]

Back when "Progressives" owned 38 slaves

[Bored Lawyer]

Which just shows that human beings are full of contradictions. Washington and Jefferson share the same boat.

[The Margrave of Azilia]

Hmmm… not only did he say Maryland law favored the alleged slave – he was an ex-Maryland judge and the case was from the formerly Maryland part of DC – but he used this language:

“And people of color, from their helpless condition under the uncontrolled authority of a master, are entitled to all reasonable protection. A decision that hearsay evidence in such cases shall not be admitted cuts up by the roots all claims of the kind and puts a final end to them unless the claim should arise from a fact of recent date, and such a case will seldom, perhaps never, occur.”

[Dan Schiavetta]

Ohio v. Robinette, 519 U.S. 33 (decided November 18, 1996): search of car was truly consensual even though police officer didn't first tell driver he was "free to go" (police asked to search, driver said yes, and drugs were found)

Pennsylvania Bureau of Correction v. United States Marshals Service, 474 U.S. 34 (decided November 18, 1985): habeas statute does not allow federal judge to order marshals to bring state prisoners to the courthouse as witnesses; subpoena can only be served on those having custody (suit was over state prison guard brutality)

Recznik v. City of Lorain, 393 U.S. 166 (decided November 18, 1968): apartment above cigar store was not "public establishment" and therefore warrant needed for entry (police had seen parked cars outside and people entering; they entered through back door and saw a dice game in progress and made arrests for gambling)

[Frank Drackman]

When you have great hair like that you don't have to work hard.

[Frank Drackman]

Checked his Wikipedia article, on second thought, when you own 38 Slaves, you don't have to work hard.

[Bob from Ohio]

Professor Currie died before the Wise Latina got a seat.

[ReaderY]

I tend to agree wirh Judge Easterbrook. Duvall’s single dissent in Queen v. Hepbern, by itself, ruined his otherwise unblemished record and spoiled his opportunity to be this country’s most insignificant Supreme Court Justice, thereby forfeiting this great honor (by default, Judge Easterbrook says, how else could such an honor be bestowed?) to Thomas Todd. Long may he reign!

[Syd Henderson]

Well, there's Alfred Moore, but he had the excuse for being sick for much of his short term.

[cmcc_aus]

Prof. Blackman, I noticed that at https://conlaw.us/the-justices/,
in the listing of the presidents, that President Tyler is listed before his deceased predecessor, Harrison.

[Frank Drackman]

Given their power, an "Insignificant" Surpreme shouldn't be ridiculed, in fact I think it was the Founders idea (I'm on Intimate terms with the founders, seen "John Adams" 5 times) and for all their years of Military/Political experience, can you pick a worse slate of Surpremes than Eisenhower/Nixon/Ford did? Trump was a friggin genius (stable type) in comparison..

Frank "gotta go, Button Gwinnett's calling"